May order CBI probe if unsatisfactory report filed: HC to SDMC

Delhi High Court today warned South Delhi Municipal Corporation (SDMC) that if it did not give a report on alleged unauthorised constructions in the Sainik Farms area here, it may order a CBI probe to look into the complicity of the concerned officials.
The court also directed the Deputy Commissioner of Police (South) to visit the area today itself to see whether any unauthorised construction was carried out there.
The court reiterated that no truck carrying construction material would be allowed to enter Sainik Farms and asked SDMC's executive engineer to accompany the DCP during his visit.
"We are now contemplating to give the matter to the CBI if they (SDMC) do not come up with a satisfactory report," a bench of justices Badar Durrez Ahmed and Ashutosh Kumar said.

During the hearing, the CBI's counsel was also present in the courtroom in pursuance to the court's earlier order.
"Why cannot the CBI do some kind of a preliminary enquiry (PE) in this matter and see if there is any complicity of any officials," the court asked.

To this, the CBI counsel said they had no problem in conducting a PE if the court orders.
Delhi government's senior standing counsel Rahul Mehra told the bench that an independent agency like CBI should be asked to look into the matter and no prejudice would be caused to anybody.
"Now time has come that CBI should look into this matter. It is necessary to give a message to the high and mighty that no one would be spared if they commit wrong," he said.

Senior advocate Sandeep Sethi, who appeared for SDMC, told the court that ordering a CBI enquiry at this stage would not be necessary and they would file a comprehensive report in the court regarding all the aspects.
The bench, which deferred issuing directions with regard to the CBI probe, asked the SDMC and DCP to file their reports before September 21, the next date of hearing.
The court was hearing a PIL filed by an NGO alleging illegal construction in the posh Sainik Farms area.
During the hearing, SDMC gave a map with satellite image of the area in 2015 but the bench asked it to give a comparative chart of the area in 2014 and 2016.

The bench asked SDMC and the police how building materials were allowed to enter the area despite an earlier order by a division bench of the high court saying it was "quite clear" that there was "blatant violation" of the court's direction.